Q: Do I have right to use "constructive discharge" on my resignation letter? Details below
I was demoted from Associate role into admin role in 2016, however, my company lied about it. I told manager about excessive admin work and she was not happy and started to harass me almost weekly with bullying tactics and doing double standard treatment. I also did not receive overtime for admin work (despite asking for it) and total pay decreased. In early 2018, I saw DOL Admin ruling and told HR I have a case for back wages in OT. HR said "you got a big bonus so it evens out". I also said, "things with manager are not amicable and I am open to taking a severance and going". HR did mediation (internally) and my manager got nasty at it. Manager and HR also said, "you are definitely not engaged in your work and we have seen this in the past and this is the path to getting fired". I would like to resign under "constructive discharge" because I was demoted, denied OT pay and the company foreshadowed me getting fired.The main reason I want to resign this way is for unemployment. Thoughts?
A: You may have a claim for unpaid overtime under FLSA and NYLL depending on what your position and duties were. We need further information to evaluate your claim so a consultation may be worthwhile. You can claim constructive discharge - i.e. the conditions being unbearable that any reasonable person would leave their job. However, they may contest your unemployment and you may have to go to an unemployment hearing before an Administrative Law Judge.
A:
Resigning is almost always a terrible idea.
You better have every one of your ducks in a row to prove constructive discharge.
If you filed a complaint and can prove that and they retaliated that would probably be illegal.
If you want unemployment don't quit. Seek counsel immediately!
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